DA: Case dropped against House candidate cited for gun
District Attorney Pete Hautzinger today said his office will move to dismiss a gun charge lodged over the weekend against Grand Junction resident David Cox, saying they can’t prove he was under the influence of alcohol when he was stopped by a Grand Junction police officer.
“There’s no reasonable likelihood of being able to prove this,” Hautzinger said of a misdemeanor charge of prohibited use of a weapon.
Hautzinger said he and his staff today met to review the summons that was issued to the 28-year-old Republican candidate for Colorado House District 54.
Cox was cited by authorities Saturday night for suspicion of possession of a handgun while under the influence of alcohol, but Grand Junction police officer Tom Rayside found there wasn’t probable cause to arrest him for driving under the influence. The officer stopped Cox’s truck just before 11:30 p.m. near the intersection of Grand Avenue and 11th Street.
Rayside observed that Cox had bloodshot, watery eyes and suspected that Cox had the odor of alcohol. Cox completed roadside maneuvers, but declined to give a breath alcohol test.
The officer found a loaded .357 handgun in Cox’s truck.
“Given the police officer’s determination that there was insufficient evidence Mr. Cox was under the influence of alcohol for purposes of any driving offense, the D.A.‘s office sees no possibility of proving he was under the influence of alcohol for purposes of the weapons charge as well,” Hautzinger wrote in a prepared statement.
Read more in Wednesday’s Daily Sentinel.